M/S. Nagpal Landmarks Through Partners v. Dev Exotica Co Op. Hsg. Soc.Ltd And ORS

26-WP-2924-2025.DOC Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2924 OF 2025 Nagpal Landmarks Through Partners ..Petitioner

Versus

Dev Exotica Coo Hsg Soc Ltd & Ors

...Respondents

Mr. Joel Carlos, for the Petitioner.

CORAM:

N. J. JAMADAR, J.

DATED :

4th MARCH 2025 P.C.:

1.

Heard learned Counsel for the petitioner.

2.

The challenge in this petition is to an order dated 28th January 2025 passed by the learned Civil Judge, Senior Division, Pune, whereby an application preferred by the petitioner-defendant no.1 to direct the plaintiff to take necessary steps against the remaining defendants, who ARUN RAMCHANDRA SANKPAL had not yet been served, before proceeding with the application for by ARUN RAMCHANDRA SANKPAL Date: 2025.03.05 16:51:28 +0530 temporary injunction, came to be rejected.

3.

The petition asserts that the contesting defendants have entered appearance and filed their written statement/say to the application for temporary injunction. Thus, the fact that some of the defendants have not been served or have not entered appearance despite of service of summons/notice, need not detain the Court from proceeding with 1/2

26-WP-2924-2025.DOC application for interim relief qua the defendants who have entered appearance and those who have not appeared despite service. 4.

There is no such infirmity in the impugned order which warrants interference by this Court in exercise of supervisory jurisdiction of this Court.

5.

Petition disposed.

[N. J. JAMADAR, J.] 2/2